Search: Complementarity SAIF GADDAFI
02 Jun The Pre-Trial Chamber Agrees with Dapo and Jens Regarding Surrender
Milan I have not been following this matter particularly closely and at the risk of seeming overly cynical: If the PTC had held that Saif must be surrendered to the ICC pending the admissibility challenge, Libya likely would not have complied. Even worse, the Security Council probably would not have condemned Libya for its non-compliance. Given that courts - especially fledgling courts that are concerned about appearing ineffectual - generally avoid issuing decisions with which parties will not comply, the PTC's ultimate decision was not surprising. The admissibility challenge by...05 Sep Mauritania Extradites Al-Senussi to Libya
to be followed after the admissibility challenge, the PTC decided to confine the challenge to Saif. Now that Al-Senussi is in the custody of Libyan authorities, it seems as if Libya must submit a new challenge to the case against Al-Senussi. Is there any possibility for Libya to now challenge this to have the admissibility challenge count for both accused?. I would think that it is too late for Libya to appeal the decision confining the case to Gaddafi (rendered on 4 May). What are your thoughts on this issue?...20 Nov Decision Time for Libya and the ICC
...Is the source of the obligation a procedural rule in the ICC RPE? Or is it simply because of the binding nature of the SC-imposed obligation of cooperation? Or is it Rome Statute Article 19(9)? I have just blogged about the possibility of "positive complementarity" in this situation, though I may need to write another post just on this interplay between custody of the accused and challenging the court's jurisdiction. Mark Kersten Jens, I'm interested in this question as well and wouldn't mind seeing some clarity on the subject. I...11 Aug Emerging Voices: Freedom or Restraint? On the Comparison Between the European and Inter-American Human Rights Courts
...were not susceptible to national appreciation but, still, the Court does not give much deference to the decision of national authorities in the case. Now, I read the reference to complementarity and subsidiarity (in the Supervision of Compliance decision and elsewhere) as a reference to the first part of the control of conventionality doctrine and the one more cleary established in human rights treaties - that is, the obligation of national authorities to ensure that domestic law and judicial decisions are compatible with international human rights obligations as a way...22 Feb Uganda and LRA Agree to Domestic War Crimes Court
Will J, The Hague Julian, The government of Uganda has been clear that they are aware that the ICC has to make this decision. I can't find any links right now, but this was stated very clearly by their ambassador here in The Hague earlier this week. Tobias Thienel I would have thought Uganda's move is not directed at removing the ICC's jurisdiction by rescinding the referral, but by reference to the complementarity of ICC jurisdiction. Now that Uganda is apparently willing and able to genuinely prosecute, the argument seems...13 Sep The Uncertain Foundations of Human Rights
...truth (the two usually of a piece): We could, with Hilary Putnam, consider an analogical lesson from the Copenhagen School in physics, specifically, Neils Bohr’s Copenhagen Interpretation, which enables us to appreciate the concept and possibility of complementarity, for "even 'the empirical world,' the would of our experience, cannot be adequately or completely described with just one picture, according to Bohr. Instead, we have to make a 'complementary' use of different classical pictures—wave pictures in some experimental situations, particle pictures in others—and give up the idea of a single picturable...04 Aug Guest Post: Effective Control and Accepting ICC Jurisdiction
...nationals are currently engaged in Gaza conflict as members of IDF. 2) a warning from ICC States Parties to its nationals who hold dual Israeli nationality to not actively participate in the Gaza hostilities given the risk of potential investigations. Apart from ICC, the ICC States Parties are also obliged to investigate participation of its nationals as members of IDF. This presents potential fulfilment of the Rome Statute complementarity obligation. Mihai Martoiu Ticu The OTP wrote "the applicants neither exercised the requisite authority, nor were they in possession of 'full...22 Sep Weekend Roundup: September 15-21, 2012
...Pre-Trial Chamber to reject Libya’s admissibility challenge against Saif, because his domestic case has seen more systematic due process violations. Kevin was critical of the Obama administration’s decision to no longer list the MEK, aka the People’s Mujahideen Organization of Iran, as a terrorist organisation, noting that the group was found to be involved in plots to assassinate Iranian nuclear scientists only recently. Peter Spiro pointed to the ground-breaking creation of three privatized cities in Honduras, and Robyn Curnow contributed a guest post on the Pussy Riot sentencing, in which...25 Jun So Far, the “Apology” Hasn’t Helped
...The Hague between the ICC and the Libyan authorities, including their attorney-general, were very constructive.” But he said the release of Taylor, who has been accused of carrying a pen camera and attempting to give Saif Al Islam a coded letter from his former right-hand man, Mohammad Esmail, and her colleagues was some way off. “I think, and I regret to have to say it, that they (Libyan authorities) will need some time to work this through their political system,” he said. Could Carr have handled the situation any worse?...
30 Oct Fourth Annual Symposium on Pop Culture and International Law: Understanding the Nakba through Arab Drama – Documentation and Symbolism in al-Taghreba al-Falastinya
...the series’ enormous popularity and wide critical acclaim resulted from the fact that it represented the first comprehensive dramatisation of the Nakba, with the explicit aim of documenting and (thereby) preserving Palestinian collective memory by retelling the Nakba story – or stories – from a distinctly Palestinian perspective. This perspective was all the more authentic because the events and characters of the series were based on the Palestinian writer, Walid Saif’s, own family history and the series’ artistic vision was inspired by the director, Hatem Ali’s, own life experiences as...